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- The following Terms and Conditions of Use ("Terms") are provided by JetPay Payroll Services and Payroll Tax Filing Services, Inc. ("we" or "us"), and apply to visitors to this Internet site (the "Site"). These Terms in no way override the terms and conditions of any signed written agreement between us and our customers, except as specifically provided in such written agreement.
- Your access to and use of this Site is subject to these Terms, as well as any modifications issued by us to these Terms and all applicable laws and regulations. By entering our password-protected Site, you are accepting the practices described in these Terms, in our Privacy Statement (click here to read) and in our Security Statement (click here to read). If you do not want to be bound by these Terms, do not use this Site.
- Changes in Terms; Termination
- We shall have the right at any time and without prior notice to revise the terms and provisions of these Terms or to impose new terms and conditions with respect to access to or use of this Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. Any access or use of this Site by you after notice of revisions or additions to these Terms shall constitute and be deemed to be your agreement to such revisions or additions. We also shall have the right to terminate this Site or any products or services offered through the Site, or any individual's right to access or use any portion of or product or service offered through the Site, at any time and without prior notice.
- Links To Third Party Sites
- Links to other Internet sites operated by third parties do not constitute our sponsorship, endorsement, or approval by us of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by us, and we are not responsible for the availability, content, policies, or practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.
- Links From Third Party Sites
- A third party Internet site may only link to this Site after obtaining written permission from JetPay Payroll Services. If you linked to this Site through a third party Internet site, there is no assurance that the third party obtained permission from us to do so.
- DISCLAIMER OF WARRANTY
- We make no warranties or representations whatsoever concerning this Site or any linked site or its content, including the availability of any site or the information and materials on it or the accuracy, completeness, or timeliness of that information and materials. We also do not warrant or represent that your access to or use of any site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the site is free of computer viruses or other harmful components. Without limiting the foregoing, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the
- LIMITATION ON LIABILITY
- UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Trademarks and Copyrights
- Unless otherwise noted, the trademarks, logos, and service marks used on the Site are owned by us or by third parties that have licensed their use to us. You may view and download these marks for informational purposes only as permitted by applicable copyright laws and must retain intact all copyright and other proprietary notices. Other use of these marks, except as specifically permitted in these Terms or the Site content or a writing signed by us, is strictly prohibited.
- You agree to defend, indemnify, and hold harmless us, our corporate partners, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of this Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site and any product or service provided to you arising out of or relating to your use of the Site.
- Protecting the privacy of our clients and users of our Sites is important to us. Our Privacy Statement (click here to read) describes how we use and protect information you provide to us. We are not responsible for the privacy policies or practices of operators of linked sites, or other third parties.
- Site Content
- The information and materials posted on this Site may contain errors, omissions, or typographical errors or may be out of date. We may change, delete, or update any posted information or materials at any time and without prior notice. The information and materials posted on this Site are provided for informational purposes only and are not binding on us in any way except to the extent they are specifically indicated to be so.
- These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms.
- We shall not be liable for any nonperformance or delay in performance caused by any act beyond our reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
- Access to or use of this Site shall not be construed as our purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the Commonwealth of Pennsylvania. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts or choice of laws principles. In any matter connected with the Site or these Terms, the parties hereto consent exclusively to personal jurisdiction in the United States District Court for the Eastern District of Pennsylvania, or if that court lacks subject matter jurisdiction, in the courts of the Commonwealth of Pennsylvania.